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State of Uttar Pradesh - Section

Section 29 in The U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972

29. Special Protection to tenants of buildings destroyed by collective disturbances.

(1)Where in consequence of the commission of mischief or any other offence in the course of collective disturbances, any building under tenancy is wholly or partly destroyed the tenant shall have the right to re-erect it wholly or partly, as the case may be, at his own expense within a period of six months from such injury :Provided that if such injury was occasioned by the wrongful act or default of the tenant he shall not be entitled to avail himself of the benefit of this provision.
(2)Where in consequence of fire, tempest, flood or excessive rainfall, any building under tenancy is wholly or partly destroyed the tenant shall have the right to re-erect or repair it wholly or partly, as the case may be, at his own expense after giving a notice in writing to the landlord within a period of one month from such injury :Provided that the tenant shall not be entitled to avail himself of the benefit of this provision-
(a)if such injury was occasioned by his own wrongful act or default ; or
(b)in respect of any re-erection or repair made before he has given a notice as aforesaid to the landlord or before the expiration of a period of fifteen days after such notice, or if the landlord in the meantime makes an application under section 21, before the disposal of such application ; or
(c)in respect of any re-erection or repair made after the expiration of a period of six months from such injury or, if the landlord has made any application as aforesaid, from the disposal thereof.
(3)Where the tenant, before the commencement of this Act, has made any re-erection or repair in exercise of his rights under section 19 of the old Act, or after the commencement of this Act makes any re-erection in the exercise of his right under sub-section (1) or sub-section (2) ,-
(a)the property so re-erected or repaired shall be comprised in the tenancy ;
(b)the tenant shall not be entitled, whether during the tenancy or after its determination, to demolish the property or parts so erected or repaired or to remove any material used therein other than any fixtures of a movable nature ;
(c)Notwithstanding, anything contained in sub-section (2) of section 2, the provisions of this Act shall apply to the building so re-erected :
Provided that no application shall be maintainable under section 21 in respect of any such building on the ground mentioned in clause (b) of sub-section (1) thereof within a period of three years from the completion of such re-erection.